The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1887-04-22
THE INTERSTATE LAW.


Powers of the Commission Defined in an
Important Letter to the Public--Specific
Complaints of Violations Must BE Made
to Insure InvestigatioI-A Warning to
Railroads Inclined to Make the Law
Obnoxious.
WASHINGTON, April 1.-THE Inter State
Commerce Commission has received two
petitions-one from the Order of Railway
Conductors and the other from the Trad
ers and Travellers Union-which are
representative of large number
of similar petitions, asking the board
for its construction of the provisions
of the ''act to regulate commerce"
as applied to the various points
at which the provisions touch the customs
of the past The conductors petition asks
whether railway companies are prohibited
from issuing passes or reduced transporta-
ton to railway employees or their families,
whether employed by the road issuing the
pass or by some other road, or to men who
make railway business their trade but
who may be temporarily out Of employ
ment. Also whether railway companies
may issue free transportation to delegates
and their families to annual conventions Of
associations composed exclusively of rail-
road men. The request of the Traders
and Travellers Union is for decision as
to whether there is any reason why a rail-
road company desiring to do so should not
enter into an arran cement to grant under
stated terms an increased allowance of
free baggage. The commission has writ
ten lengthy letter in reply, a synopsis Of
which is here given
Referring to these petitions the commission
says it is obvious that the impression is gen
orally prevalent that this commission has
power to construe, interpret and apply the
law by preliminary judgment. A careful read
ing of the act will show that no juris-
diction has been given the board to an
swer questions like those under considera-
ton. An expression of their opinion at this
time would be no more useful to the public or
the carriers than the opinion of other men upon
the same points. The decision then refers to
the two sections which confer power on the
commission to entertain petitions, and
states that section four of the law
(Which refers exclusively to long and
short hauls) is the only section the provisions
of which the commiss on is empowered to sus-
pend or relax. Under all other sections juris-
diction is given to act only when complaints
are made, in which case the commission cause
an investigation to be made as to whether the
conduct complained of is or is not in contraven-
ton of the provisions of the law; and, If it so
adjudges, it is authorized to issue notice en-
joining the carrier from further violation of the
law and to award reparation for the injury
done, or both.
But the railway conductors or the Traders
and Travellers Union present no complaint of
any thing done or omitted in contravention of
the provisions of the law.
If a railroad company should issue pass to
a conductor or his family to attend the ap-
preaching convention, or should transport 800
pounds of baggage free for a commercial tray
eler under the registry and indemnify system
and some person, feeling aggrieved, should
make complaint of un just dissemination, 1T would
then be proper for the commission to en-
terrain the question of whether such con-
duct was or was not in violation of the law, and
II so whether it was or was not within the eX-
ceptions stated within section %. Complaints
may also be presented if the charges made by
the carriers are not considered reasonable and
just, but until questions of this kind come be-
fore the commission in the way clearly indi-
Gated by the statute it would be worse than
useless to express opinions or give advice.
The commission then goes on to say that
Congress has not taken the management of the
railroads out of the hands of the railroad COM
panies. 1t has simply established certain gen.
eral principles under which Interstate com
merce must be conducted The alleged diff
culties in putting them IN opera
ton only disclose the. extent to which they
have been violated in the past. The sec
tions OF the act are expressed In plain
words. construction must be given to them
in the first instance by the carriers and their
patrons. When q course of conduct has been
adopted, of which complaint is made that it
violates the law, the decision of the question
will rest with the courts or with the commits
sion, as the complaining party may elect This
is the orderly method in which all legislation is
administered and applied, and the statute in
question presents no exception.
The commission says that many of the nu-
merous petitions received are made upon the
suggestion of carriers themselves, and that
common comment on the law by the carriers
and those who have heretofore enjoyed special
favors at their hands describe the penalties and
risks imposed upon unintentional and unwit-
ting violators of the law as enormous, and con-
tipueS:
"Good faith, exhibited In an honest effort to
carry out the requirements Of the laws, will in.
volve reasonable and fair minded officials in no
danger of damages or fines. The elasticity of
the statute in their favor is noticeable. Through
out the act,G it now stands in confessedly exper
mental form, there is exhibited an obvious and
a generous purpose to allow to the corporations
ample scope in the conduct of their business as
common carriers for the people, and fair con-
sideration Of every reasonable claim, while in
sisting upon just, impartial, open and consist
ent rates of charge, to which every citizen shall
I be subjected alike whose situation is the same.
The language and the tenor of the act wholly
fail to justify railroad managers If any such
there be, who refuse to accept responsibilities,
decline to offer rates, neglect to announce con-
ditions Of traffic, embarrass the customary in
terohange of business and impose stagnation
upon trade, while they stick in the bark OF
the phrases and expressions of the Law, invent
ing DOUBTS and imagining dangers
~ is still more unjustifiabIe for railroad
companies to make use of the general clauses
of the law, ignoring its modifying and enlarg-
ing words and formulas in order to impose ad-
ditional burdens upon localities trades, profess
sions, manufacturers, consumers, classes Of
travellers or employees, straining every con-
struction in favor of the corporate treasury,
and quoting the new law their authority for
all manner of petty exactions.
''The powers of the commission are entirely
adequate to cope with such conduct, the exist
ence of which is not affirmed, although it has
been somewhat publicly suggested. The same
statute which enacts that charges for like
service shall be uniform to all also provides
that charges in every case ana for every kind
and class of service shall be reasonable and
just"
The express companies having raised ques-
ton as to whether they we're subject to the
operation of the law, the commission made
ruling that it would hold in the affirmative, but
would give hearing to any company wishing
to contest the point.
In reply to Bishop Knickerbocker, of Indian
apolis, who inquirer as to the right of a rail-
road to transport missionaries at special re
duced rates, the commission writes that it has
no power in the premises. ''There is no
doubt" Judge Cooley adds, "of the right Of
the railroads to grant special privileges to re-
igious teachers, and in deciding in good faith
what they will do they can scarcely be said to
incur risk Of penalties. Penalties are for will
full violations of the law, and not for errors of
judgment"
Crazy Frenchfnan Undertakes to Avenge
His Country.
MADRID. April 19.-An elegantly dressed
Frenchman called on Marshal Bazaine yes
terday and after conversing with him
few moments suddenly drew poinard and
cut the Marshal about the head. Shouting
''J'ai ,eage ma patrie" he fed, but was after
ward arrested. The Marshal's wounds are
said to be slight. The prisoners name is
Niilair, and he claims to be correspond
emit OF the newspaper Courier de Rochelle.
He says he came here VITA the intention
ri LiI1ipO Pozoipa ar,1 hot moo